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Cases cited for the legal proposition you have searched for.

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1

.... Second National Bank, 335 So.2d 343 (Fla. 2d DCA 1976); however, Florida has adopted the Uniform Partnership Act (UPA), section 620.68(2)(c), Florida Statutes (1985), which prohibits the...corporate partner can attach and liquidate its interest in partnership property. The trial court ruled that the corporation's interest in partnership assets could be liquidated pursuant to section...co-partner of FMHC in a New York partnership. That partnership owns Florida Atlantic Associates and Florida Atlantic Associates Number 2, also petitioners before this court. Petitioners were not...


Court: District Court of Appeal of Florida, Fourth District.
Date: Feb 11, 1986 Cited By: 3 Coram: 1
2

...partnerships have characteristics as entities as well as those of aggregations of individuals under the Uniform Partnership Act ("UPA"), although the UPA generally adopted the "aggregate" theory of...in the face of one of the provisions of the Uniform Partnership Act, as adopted by Washington: Wash. Rev. Code § 25.04.090(2) provides that "[a]n act of a partner which is not apparently for the...."). Indeed, the State of Washington has recognized that "[u]nder both the common law and the Uniform Partnership Act, partnerships are treated both as aggregates...


Court: United States Court of Appeals, Ninth Circuit.
Date: Apr 30, 1996 Cited By: 162 Coram: 1
3

.... The dissenting opinion in the Court of Appeals posited that because no provision exists in Kentucky's Uniform Partnership Act (UPA), KRS 362.150 — 362.360, that "allows a married couple to share a...§ 358.240, nor anywhere else in the Uniform Partnership Act (UPA), to suggest that our legislature, in adopting the UPA, intended to abrogate the principle of tenancy by the entireties. . . . [C]ourts...in the UPA to indicate that the legislature intended to preclude two or more persons, including a married couple, from owning a partnership interest as tenants in common if allowed by the partnership...


Court: Supreme Court of Kentucky.
Date: Jan 22, 2004 Cited By: 226
4

...MG came into effect only by reason of the breach by No. 20, and pursuant to the Uniform Partnership Act (UPA) which provides, "[a]ll partners are liable jointly and severally for all debts, and...certain partnership funds. Id. at 564-65. The Hurbace court looked to the Texas version of the Uniform Partnership Act (UPA), in order to determine whether the requisite trust relationship...obligations of the partnership. . . ." Tex.Rev.Civ.Stat.Ann. art. 6132b, § 15 (Vernon 1979). The court reasoned that while the UPA made Bennett liable for No. 20's partnership "obligations", it did not...


Court: United States Court of Appeals, Fifth Circuit.
Date: May 21, 1993 Cited By: 218 Coram: 2
5

...bankruptcy court held that Colo.Rev.Stat. § 7-60-121, a section of Colorado's version of the Uniform Partnership Act (UPA), creates an express trust under 11.... See Hooper v. Yoder, 737 P.2d 852, 857-58 n. 4 (Colo. 1987). Accordingly, I apply Colorado partnership law to resolve this question. The...U.S.C. § 523(a)(4). Section 7-60-121(1) reads in pertinent part "[e]very partner must account to the partnership for any benefit and hold as trustee for it any profits derived by him without the...


Court: United States District Court, D. Colorado.
Date: Apr 22, 1991 Cited By: 23 Coram: 1
6

.... We begin with the Uniform Partnership Act (UPA), adopted by our Legislature as the Uniform Partnership Law, N.J.S.A. 42:1-1 to -43. The section dealing with the liability of partners...reaching the partners' individual assets. At common law, a partner is only jointly liable for the partnership's contractual debts . . . As adopted in most states, the Uniform Partnership Act (UPA) preserves.... The Legislature adopted the Uniform Partnership Act in 1919. L. 1919, c. 212, § 1 et seq. Our approach in this opinion is...


Court: Superior Court of New Jersey, Appellate Division.
Date: Feb 7, 1994 Cited By: 17
7

.... See Soden v. Starkman, 218 So.2d 763 (Fla. 3d DCA 1969). This precept has been codified in the Uniform Partnership Act (UPA), section 620.575(2), Florida...Statutes (1993). The UPA provides, in pertinent part, that a partnership is liable "when loss or injury is caused to a person, not a partner in the partnership . . . by a wrongful act . . . of a partner...fact whether Dr. Iskandar and Dr. Zubillaga or his professional association were partners. The court proceeded to assume there was a partnership and stated that it could find no law imposing a duty...


Court: District Court of Appeal of Florida, Second District.
Date: Jan 5, 2000 Cited By: 1 Coram: 1
8

...Partnership Act (UPA) was promulgated by the National Conference of Commissioners on Uniform State Laws. At that time the only kind of...statute governing general partnerships is the Uniform Partnership Act, with certain modifications. Section 31(5) of the Texas Uniform Partnership Act provides: "Dissolution is caused: . . . (5) By the bankruptcy of any partner or the partnership. . . ." Tex.Rev.Civ.Stat. Ann. art. 6132b, § 31(5) (Vernon 1970). Texas adopted the UPA in...grounds, the court held that a partnership did not dissolve due to the bankruptcy of either the general partners or the partnership itself. Id. at 569-70. In 1914 the Uniform...


Court: United States Bankruptcy Court, N.D. Texas, San Angelo Division
Date: Apr 24, 1990 Cited By: 6
9

...to this court, held: 1. The trial court properly applied the statutory (34-66) means of enforcing a charging order provided in the Uniform Partnership Act (UPA) — an order assigning the debtor...partner's profits to the payment of the debt — to the limited partnership here; both the UPA and the Uniform Limited Partnership Act (ULPA) ( 34-9 through 34-38q) apply to a limited partnership to the extent... As a threshold matter, we address whether the trial court properly applied the remedy provisions of General Statutes 34-66, part of Connecticut's Uniform Partnership Act (UPA), to...


Court: Appellate Court of Connecticut
Date: Jun 6, 1994 Cited By: 28 Coram: 1
10

...further asserts that under the Illinois Uniform Partnership Act (UPA) (Ill. Rev. Stat. 1989, ch. 106 1/2, par. 31(4)), the dissolution of a partnership occurs upon the death of a partner, and that the...difficult. However, under the Illinois Uniform Partnership Act (UPA) (Ill. Rev. Stat. 1989, ch. 106 1/2, par. 34), the dissolution of a partnership occurs upon the death of a partner or judicial order. The...accrued upon the death of Harry, which occurred on April 8, 1981. This was the date upon which the partnership was dissolved. Section 43 of the UPA states that in the absence of any agreement, the right...


Court: Appellate Court of Illinois, First District. First Division Judgment affirmed.
Date: Mar 15, 1993 Cited By: 7 Coram: 1
11

...Cody, Iowa adopted and codified the Uniform Partnership Act (UPA) at Iowa Code chapter 544. 1971 Iowa Acts, ch. 251. The UPA defines a "partnership" as "an association of two or...; Candler v. Hardware Dealers Mutual Ins. Co., 57 Wis.2d at 87-88, 203 N.W.2d at 660; Lewis, The Uniform Partnership Act, 29 Harvard L.Rev. 158, 291 (1915); 68 C.J.S. Partnership, § 67 (1950) ("The Uniform Partnership Act does not make a legal partnership an independent juristic entity, and whatever recognition is given therein to the entity theory is solely for procedural or conveyancing purposes."). The UPA provides...District of Columbia and the Virgin Islands. Am.Jur.2d Desk Book, item no. 124 (Supp. 1983); Uniform Partnership Act, 6 U.L.A. 1 (Supp. 1982). In recognition of the majority rule...


Court: Supreme Court of Iowa.
Date: Apr 11, 1984 Cited By: 15 Coram: 1
12

...partner has acted beyond the scope of his legitimate duty or authority, see Uniform Partnership Act (UPA), § 9; see also 59A Am.Jur.2d...agreement, a contract that puts the partners on notice that they all act on behalf of one another within the scope of their partnership activity. The UPA (which, in one form or another, has been adopted in 49...partnership within the ambit of the partnership agreement, he is merely an individual — not a partner at all; unless his acts are the partnership's acts, the partnership cannot act. Thus, the actions...


Court: United States Court of Appeals, First Circuit.
Date: Jan 12, 1990 Cited By: 290 Coram: 1
13

...Partnership Act ("UPA") in relevant part. Cal. Corp. Code §§ 16100-16962; Neb.Rev.Stat. §§ 67-401 to -467; Nev.Rev.Stat. §§ 87.010-.560; Or.Rev.Stat. §§ 67.005..." is "wholly a question of the law of agency," and "is not a question within the scope of a partnership act." UPA § 4 cmt. (1914). We think it is evident that the same holds true for imputation of...(f) of the UPA, which expresses this adverse interest exception, reads as follows: A partner's knowledge, notice, or receipt of notification of a fact relating to the partnership...


Court: United States Court of Appeals, Eighth Circuit.
Date: Mar 31, 2005 Cited By: 64 Coram: 1
14

...firm and the departing attorney under the Uniform Partnership Act (“UPA”), 15 Pa.C.S. §§ 8301 –8365. Trial Court Opinion at 12 (citing Ruby...within the meaning of the Uniform Partnership Act. Id. at 898–99. Nevertheless, the Superior Court held that Meyer Darragh was still entitled to two-thirds of the fees in accordance with its...of the Uniform Partnership Act to facts similar or identical to our own.” Ruby, 50 A.3d at 132...


Court: Supreme Court of Pennsylvania.
Date: Apr 25, 2016 Cited By: 159 Coram: 1
15

...dissecting the partnership law of each state in order to derive meaning. By the time the FLSA was first enacted in 1938, the Uniform Partnership Act ("UPA") had been adopted by eighteen states...-eight states, several territories, and the District of Columbia had adopted the UPA. Only Georgia and Louisiana have not adopted the uniform act. 6 Unif. Laws Ann. 1 (Supp. 1984) (table). Despite some differences in partnership law between states, the general indicia of partners and partnership are very similar across state lines. The UPA sets.... When Title VII was enacted in 1964 and the ADEA in 1967, forty states had adopted the UPA as the governing body of partnership law. As of 1984, forty...


Court: United States Court of Appeals, Tenth Circuit.
Date: Jul 27, 1987 Cited By: 566 Coram: 1
16

...interchangeably during trial. 2. Texas Statutory Law The Texas Uniform Partnership Act (TUPA) was passed in 1961 and substantially adopted the major provisions of the Uniform Partnership Act (UPA), which.... UPA was revised in 1997 and renamed the Revised Uniform Partnership Act (RUPA). UNIF. P'SHIP ACT, intro., 6 U.L.A. 5 (2001...Commissioners on Uniform State Laws in 1914. See Harry J. Haynsworth, IV et al., Should the Uniform Partnership Act Be Revised"?, 43 Bus. LAW. 121, 121 (1987); REVISED UNIF. P'SHIP ACT, 6...


Court: Supreme Court of Texas.
Date: Jul 3, 2009 Cited By: 207 Coram: 1
17

...(1968). Partnership law in most states is now governed by the Uniform Partnership Act ("UPA"). Id. at 15. The UPA, enacted in Utah in 1921...(1984) (partnerships are both entities and aggregates) J. Crane A. Bromberg, LAW OF PARTNERSHIP at 16-29 (1963) (entity theory predominates in UPA...to this court that a partnership is an entity distinct from its partners. For example, Utah Code Ann. § 48-1-5 allows partnerships to acquire real property in the partnership name. The UPA also...


Court: United States District Court, D. Utah.
Date: Feb 4, 1987 Cited By: 2 Coram: 1
18

...suing for breach of the fiduciary duty of a partner to the firm. The Uniform Partnership Act (UPA) general statutes §§ 34-39 through 34-81 commingles the entity theory, which...Partnership Act § 6, comment (1), 6 U.L.A. 23 (1969). "In short, `[t]he Uniform Partnership Act does not make a legal partnership an independent juristic entity, and whatever recognition is given therein to...that the acquisition of the mortgage constitutes a partnership opportunity and resulted in substantial damages to the plaintiffs' partnerships. In the second count, the plaintiffs...


Court: Connecticut Superior Court, Judicial District of Hartford-New Britain at Hartford
Date: Jul 11, 1995 Cited By: 1
19

...anywhere else in the Uniform Partnership Act (UPA), to suggest that our legislature, in adopting the UPA, intended to abrogate the principle of tenancy by the entireties. The parties have not directed...wife, to quash plaintiff's Application for Charging Order (application) against Wayne Brent's interest in Brown-Brent Associates, a Missouri general partnership. Plaintiff's sole point on appeal is...that the trial court erred in quashing his application because Wayne Brent holds his interest in Brown-Brent Associates (partnership) as a tenant in partnership rather than in a tenancy by the...


Court: Missouri Court of Appeals, Eastern District, Division Four.
Date: Mar 7, 1995 Cited By: 9 Coram: 1
20

...-24, against the backdrop of the Uniform Partnership Act ("UPA"), that has been adopted by most states, including New York, which provides the applicable law to the agreements here under review. See...instant case against the common-law principles as codified in the UPA, including, but not limited to: the right and duty to participate in management; the right and duty to act as an agent of other...Young"), alleging federal claims for violations of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §(s) 621 et seq., and the Employee...


Court: United States Court of Appeals, Sixth Circuit.
Date: Nov 8, 1996 Cited By: 90 Coram: 2

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